Judge Approves Settlement of Class Action as Officials Agree to Improve
Disabled Access to Local Courts

By
KENNETH OFGANG, Staff Writer

U.S.
District Judge Dickran M. Tevrizian yesterday approved the final settlement of
a class action, requiring Los AngelesCounty
and the Los Angeles Superior Court to take specific steps to make local
courthouse facilities more accessible to the disabled.

The
settlement represents a final resolution of claims brought four years ago by
four disabled individuals, including Santa
Monica attorney David G.
Geffen, who is paralyzed as a result of a spinal cord injury and litigates
disability, employment, and personal injury cases.

The
settlement addresses access to courthouses themselves, as well as restrooms,
courtrooms, and elevators. A number of changes have already been implemented as
a result of a partial settlement of the case that was reached at a 2003
settlement conference.

With
respect to restrooms, the court and county agreed that each existing courthouse
will have at least one pair of public restrooms meeting federal accessibility
standards under the Americans With Disabilities Act for each four floors.

The
agreement also requires some modifications of jury assembly and jury
deliberations room restrooms, and establishes a schedule for compliance. At the
Stanley Mosk courthouse, for example, the second floor east and seventh floor
restrooms must be brought into compliance within 30 months.

The
court will also be required to train employees to be sensitive to the needs of
disabled persons for adequate time to reach and use accessible restrooms.

The
agreement also includes provisions regarding witness facilities. Where a
witness is unable to access the existing witness box, arrangements will be made
to have the witness testify in full view of the judge and jury using a
microphone that does not have to be held.

Witnesses
will also be allowed, as per rules of court, to request that a proceeding be
moved to a courtroom with an accessible witness stand. The court may, however,
deny the request if no such courtroom is available or if there would be an
undue burden on the court.

The
plaintiffs were represented by attorneys Eve L. Hill, Paula D. Pearlman, and
Johanna Pirko of the DisabilityRightsLegalCenter
at LoyolaLawSchool,
formerly the WesternLawCenter
for Disability Rights; Dan Stormer and C. Virginia Keeny of Hadsell &
Stormer in Pasadena;
Nora Quinn, whose offices are in Pasadena;
and ACLU lawyers Mark Rosenbaum and Peter Eliasberg.

The
county was represented by Principal Deputy County Counsel Kathleen Dougherty
Felice and Brenton F. Goodrich and Ira A. Weinreb of Parker, Milliken, Clark,
OíHara & Samuelian. The courtís attorneys were Gregory F. Hurley and Mike
Drury of the Costa Mesa
office of Greenberg Traurig.